Pedestrian accidents are not common on interstates, but when they do occur, they can result in catastrophic or even fatal injuries due to the high speeds at which vehicles travel. A driver’s momentary distraction or the decision to drink and drive can cause other people to lose their lives. A collision leading to a fatal pedestrian accident may occur at a moment’s notice, leaving the victim’s family reeling with grief. This is the case of a man who was fatally struck by a vehicle on Interstate 285 in Atlanta.

Around 4:45 a.m. on April 20, a man was killed after being struck while walking in the emergency lane of I-285. The identity of the victim was not immediately released by police, and the reason the man was on the interstate shoulder is yet unknown. The 24-year-old driver of the vehicle was held in the Fulton County jail and faces charges of first degree vehicular homicide, reckless driving, and driving under the influence. A passenger sustained minor injuries.

Investigators have yet to find out what the pedestrian was doing on the interstate in the first place. State law bars pedestrians from walking in interstate lanes and on highway shoulders, and those who do so are charged with “pedestrian on the road way.” Often, they are on interstates to push or work on disabled vehicles, but some actually intend to enter or cross the road. Given the speed of most vehicles, a fatal collision is always possible.

In many pedestrian accident cases, determining the party at fault is straightforward. In some instances, however, further investigation is warranted. Often, drivers are found negligent because they are in a better position to avoid a collision. Drivers may swerve or stop quickly to avoid an accident, and they are more protected from bodily injury in the event of a crash.

The driver of the vehicle in question faces several charges, including DUI. The fact that she was intoxicated at the time she hit the pedestrian makes her negligent. With the help of an Atlanta personal injury attorney, the victim’s family may pursue a wrongful death lawsuit. If it’s found that the pedestrian contributed to his injuries by being on the interstate unlawfully, then the amount the family receives could be reduced.